DEFINITIONS & INTERPRETATIONS
DATA - collectively all information that you submit to Ace Competitions via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws
DATA PROTECTION LAWS - any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK
GDPR - the General Data Protection Regulation (EU) 2016/679
Ace Competitions, WE OR US
USER OR YOU - any third party that accesses the Website and is not either (i) employed by Ace Competitions and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Ace Competitions and accessing the Website in connection with the provision of such services
WEBSITE - the website that you are currently using, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
the singular includes the plural and vice versa;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
"including" is understood to mean "including without limitation";
reference to any statutory provision includes any modification or amendment of it;
SCOPE OF THIS POLICY
For purposes of the applicable Data Protection Laws, Ace Competitions is the "data controller". This means that Ace Competitions determines the purposes for which, and the manner in which, your Data is processed.
We may collect the following Data, which includes personal Data, from you:
contact Information such as email addresses and telephone numbers;
financial information such as credit / debit card numbers;
HOW WE COLLECT DATA
We collect Data in the following ways:
data is given to us by you ; and
data is collected automatically.
DATA THAT IS GIVEN TO US BY YOU
Ace Competitions will collect your Data in a number of ways, for example:
when you contact us through the Website, by telephone, post, e-mail or through any other means;
when you register with us and set up an account to receive our products/services;
when you enter a competition or promotion through a social media channel;
when you make payments to us, through this Website or otherwise;
DATA THAT IS COLLECTED AUTOMATICALLY
To the extent that you access the Website, we will collect your Data automatically, for example:
we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
OUR USE OF DATA
Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
internal record keeping;
transmission by email of marketing materials that may be of interest to you;
contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
WHO WE SHARE DATA WITH
We may share your Data with the following groups of people for the following reasons:
our employees, agents and/or professional advisors - To allow Prizes to be delivered to Winners;
third party payment providers who process payments made over the Website - To enable payments and to allow a third party provider to process refunds if necessary;
KEEPING DATA SECURE
We will use technical and organisational measures to safeguard your Data, for example:
access to your account is controlled by a password and a user name that is unique to you.
we store your Data on secure servers.
payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via our contact us page.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
You have the following rights in relation to your Data:
Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Data.
Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via our contact page.
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
LINKS TO OTHER WEBSITES
CHANGES OF BUSINESS OWNERSHIP OR CONTROL
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
ENTRIES & HOW TO ENTER
How To enter the Competition
When participating in a Competition online via the Website, follow the on-screen instructions to do the following:
(a) select the Competition you wish to enter and when you are ready to purchase your Ticket(s), provide your contact and payment details. You will need to check your details carefully and tick the box, confirming you have read and understood these terms and conditions;
(b) once you have purchased your Tickets and answered the questions correctly using knowledge or skill, when your payment has cleared, we will then contact you by email to confirm your entry into the Competition. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order back to you by email.
Subject to the above, the Competitions may usually be entered via the Website. There may be a single Competition, or multiple competitions may be operated at the same time and each Competition will have its specific Prize.
Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of entry in the Competitions, on the Website.
In order to enter any of the Competitions, you will need to register an account with us. You can register an account online. To do so you will need to provide an email address.
The Promoter reserves the right to refuse or disqualify any entry if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions. In such an instance no refund will be granted.
The Promoter will not accept:
(a) responsibility for entries to the Competition that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of entry to the Competition. To the extent permitted by applicable law, all entries become our property and will not be returned.
(c) Any responsibility for failure of technical systems, such as distribution of random or manually selected numbers allocated .y the ticketing system . In the rare event a duplicate number has been produced and dispatched via the ticketing system, any prize won by two or more participants with a duplicate number, will be fully compensated with monetary value determined by a valuation of the prize agreed upon by the promoter and winning participants, the participant who purchased their ticket/number(s) first will be the participant eligible to receive the prize.
By submitting your entry and any accompanying material, you agree to:
(a) assign to the Promoter all your intellectual property rights with full title guarantee; and
(b) waive all moral rights in and to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended at any time.
You agree that the Promoter may, but is not required to, make your entry available on the Website and any other media, whether now known or invented in the future, and in connection with any publicity of the Competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.
COMPETITION & JUDGEMENT
The Promoter’s random number generator will determine the Winner of all Competitions. The Promoter will ensure that a minimum number of Entrants have entered each Competition specified by the Promoter and determined for each Competition in the Promoter’s absolute discretion and may in its absolute discretion close the Competition early without selecting any winner and may withdraw the Competition. The maximum number of Entrants to each Competition will be determined by the Promoter in its absolute discretion. Maximum numbers will be notified to you upon entry into the Competition.
The Promoter further reserves the right in its absolute discretion to close and withdraw a Competition without selecting a winner due to any reason beyond the Promoter’s control and in the event of this happening all entrants will be issues a full refund.
Due to the nature of the winning determining mechanism there will only be one winner per Competition unless described otherwise in the above sections.
The Promoter will attempt to contact the Winner using the telephone number and email address provided at the time of entry (or as subsequently updated) and held securely in the Promoter’s database. It is the Entrant’s sole responsibility to check and update these details. If for any reason they are noted down by the Entrant incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
If for any reason whatever the Promoter is unable to contact a Winner within 15 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition Period or the Winner fails to confirm acceptance of the Prize or the Winner is disqualified as a result of contravening any of these terms and conditions, the Winner will forfeit the Prize which will remain in the ownership possession custody and power of the Promoter, thereafter the Promoter may in its absolute discretion award the Prize to the second best Entrant as selected under the above selection system as referred to in Paragraph 18 above, or close the Competition completely without selecting a winner.
In the event that a Competition is closed without selecting a Winner, the Promoter will give all Entrants a full refund on their ticket sale.
The Winner will be required to show proof of identification satisfactory to the Promoter as a condition of and prior to delivery of the Prize. Any failure to meet this obligation may result in the Winner being disqualified and the Promoter retaining the Prize. The winner will be required to sign a disclaimer as acceptance of the prize upon acceptance of the prize unless the prize is deemed to be unsatisfactory or unsafe.
The Winner will also be required to provide photographs and/or pose for photographs and videos, on the occasion of the award of the Prize which will be personally delivered to the Winner, and which may be used in future marketing and promotions by the Promoter in connection with the Competition and in identifying them as the Winner. However, the Entrant’s can opt out of this if they object at a later date.
Following receipt and verification of the details requested above by the Promoter, the Winner will be contacted and arrangements made for delivery of the Prize.
SPECIFIC TERMS AS TO THE PRIZES
The Prizes are selected by and owned by the Promoter from the date of the start of the Competition by the Prize being offered on the Website to the date that the Winner takes delivery of the Prize. The Prizes are chosen and purchased by the Promoter in its absolute discretion and the Prizes and only the Prizes unless the winner accepts a cash alternative but with the full option of receiving the prize are awarded respectively to the Winner of each Competition who is thus bound to receive the Prize without any option to request a replacement or substitute. Details of each Prize will be found on the Website in offering them for Entrants to the Competitions.
The Promoter will accept no liability whatsoever for the Prize after delivery, nor does the Promoter insure the Prize against damage, loss or other risk once delivered. No insurance policy comes with the Prizes and the promoter cannot be held responsible for the Prize once handed over to the winner.
Delivery to the Winner is free to any location in mainland UK. The promoter has a right to charge the Winner delivery fees if the Winner wants the Prize delivered anywhere outside mainland UK.
All expenses incurred by the Entrants in entering the Competitions are the sole responsibility of themselves even if an Entrant then becomes a Winner.
The goods that form the Prizes are subject to the terms and conditions of the Prize manufacturer or supplier.
The Prize must be accepted as referred to above, and is non-transferable or convertible to substitutes, and cannot be used in conjunction with any vouchers, offers or discounts, including but without limitation to any vouchers or offers of the Promoter or Prize suppliers.
The Promoter can store the Prize free of charge for 30 days after notifying the Winner at the Winner’s request, thereafter the Prize will be delivered to the Winner.
All products are non-refundable or returnable with the exception to digital/technology products which can be returned for refund of the ticket price up to 45 days after receiving the prize, but only when the product is faulty or broken.
WINNERS' PERSONAL DATA
Acceptance of the Prize by the Winner will mean they are obliged to have their photo and video taken by the Promoter for promotional purposes, both immediately after their win and in the future for use in accordance with reasons above to the extent allowed by law and subject to the Winner’s rights under current data protection legislation.
By entering a Competition, and subject to your ticking the relevant box to indicate your consent and to your rights as provided under current data protection legislation and to our data protection policy and legislative compliance as detailed below, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses) and as reasonably required by the Promoter if you are declared a Winner.
LIMITS OF LIABILITY
The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services forming the Prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, non-liability for consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the Winner and, where applicable, to any family/persons accompanying the Winner, or in connection with any of the Competitions promoted by the Promoter.
No responsibility will be accepted by the Promoter for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
The Promoter shall use its best endeavours to award the Prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error, the Prize is awarded incorrectly, the Promoter reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without liability.
The Promoter shall not be liable for any economic or other consequential loss suffered or sustained by any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and Website used to operate the Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket recorded in our systems, however displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any Competition entries that occur as a result of malfunctioning software or other event.